You must have a registered business to hire employees in Washington state.
Businesses and domestic (household) employers must establish employer accounts to report employee hours and wages. To establish or reopen employer accounts, you must file a Business License Application with Business Licensing Service (BLS).
If you know you will be hiring employees at the time of application, including minors and domestic (household), select the “Hire Employees” or “Hire Employees under 18” for the purpose of the application.
An employee is someone subject to your control. Control exists when the employer determines the employees’ work schedule, hours, and job responsibilities. Types of employees:
Independent contractors are not considered employees. They:
File your Business License Application for hiring employees, no sooner than 90 days before you plan to hire.
Report your new hires to the Department of Social and Health Services within 20 days of hire.
File your Business License Application for hiring employees, no sooner than 90 days before you plan to hire.
Report your new hires to the Department of Social and Health Services within 20 days of hire.
Instructions on how to file an application for domestic (household) employees is found under Hire domestic (household) employees.
Paid Family Medical Leave is required for employers, including out-of-state companies that have employees working in the state of Washington. For more information, visit Washington Paid Family and Medical Leave.
When you sign-up with Paid Family Medical Leave you are required to submit a copy of your Business License Application.
Yes, you need employee accounts with LNI and ESD for each location that has employees.
The Employment Security Department (ESD) administers the Unemployment Insurance program and can provide you with assistance or account numbers. Contact ESD directly at 1-855-829-9243.
For more information on how to determine your ESD and L&I tax rates, visit ESD's Determining your tax rate and L&I's Calculating premium rates.
The Department of Labor and Industries (L&I) will contact you once they receive your application, usually within one week of the Department of Revenue (DOR) processing the application, to set-up your Worker Compensation Account. For more information, visit L&I’s How to get a Workers Compensation Account.
The Department of Labor and Industries (L&I) issue Participant Activation Codes (PAC). For more information, contact L&I directly at 360-902-4817.
Visit Close my account for instructions and information on how to close your account.
Independent Contractors (1099):
Independent Contractors are not employees of a business and are paid under the Federal 1099 classification. They may be required to register with DOR to obtain a Unified Business Identifier (UBI) number. If you are required to register as a business, DOR will assign a filing frequency and you will be required to file and pay tax returns according to that schedule.
Independent Contractors can voluntarily elect to participate in the Unemployment Insurance program by indicating such on the Business License Application.
Permanent employees temporarily in Washington:
Permanent employees of a business located outside Washington state but work temporarily inside Washington state will not have additional reporting or registration requirements with DOR. Washington state does not have a personal income tax and the business is not required to provide copies of the W-2s for income tax purposes. ESD and L&I recommend that employees follow-up with their employer to ensure that the business has registered for both Unemployment Insurance and Worker’s Compensation.
Unemployment Insurance and Worker’s Compensation coverage are required for employees who work inside Washington state. In order for employees to receive these benefits you must be registered with ESD and L&I and pay into these programs. By indicating on the Business License Application that your business will have at least one employee located in Washington state, DOR will notify both L&I and ESD who will then reach out to you directly regarding next steps in setting up employer accounts with them.
Out-of-state businesses that have an employee located in Washington state will trigger physical nexus for the business that may result in the business incurring a business tax-reporting obligation.
Updates to established employer accounts need to be made directly with ESD and LNI. Updates to employee information include: